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Based on JLYRREVERRE and Nica Lahoz’s samplex notes | Samplex - Contents

Chapter X: Decree of Registration and Certificate of Title o Full names


Chapter XI: Remedies o Civil status (names of spouses if married)
Chapter XII: Land Patents o Citizenship
Chapter XIII: Reconstitution of title o Residence and postal address
Chapter XIV: Subsequent Registration o Names of both spouses if conjugal
Chapter XV: Registration of court judgments and orders and related processes or papers
Chapter XVI: Recording of instruments relating to unregistered land; chattel mortgage a. Rule determining conjugal or paraphernal
condominium  “A, married to B” just describes A’s civil status
 Presumed conjugal only when acquired during
CHAPTER X: DECREE OF REGISTRATION AND CERTIFICATE OF TITLE marriage

I. Decree of Registration b. Owner’s duplicate of title; TCT


 Duplicate certificate of title to be delivered to
a. Contents and effects registered owner/representative
i. Contents  If two or more owners: one duplicate
1. Signature of commissioner certificate for the whole land
2. Date, hour, minute of entry  For co-owners: separate duplicate for
3. Married/unmarried (name of spouse if married) each, but all must be surrendered for
4. Name of both spouses (if conjugal) any subsequent voluntary transaction
5. Disability (if any) affecting land
6. Age (if minor) o RD to note on each COT a
7. Description of land statement as to whom each
a. Determined by court copy was issued
b. Encumbrances  Owner of land is registered and
c. Estate inscribed in the COT has a more
ii. Administrator signs and files with LRA preferential right to the possession of
iii. Decree the owner’s duplicate than one whose
1. Binds the land name does not appear in the
2. Quiets title, subject to liens/encumbrances by law certificate and has yet to establish
right to possession
b. Duty of administrator to issue decrees
i. Ministerial (under order of court) c. Probative value of COT
ii. Not legally obligated to issue decree: subject land has already  Registration does not vest title
been decreed/title in another’s name  Mere evidence of title
iii. Cannot refuse unless there is a pending petition for relief  Torrens certificate is best evidence of ownership
from judgment filed in the same registration proceedings over registered land
 Simple possession of OCT does not make holder
II. Certificate of title true property
- True copy of decree of registration  Mistake
- Signed by LRA administrator  Oversight
- Sent to Register of Deeds of city/province of land  Not conclusive of ownership when
o Certificate takes effect upon date of entry in RoD registration  Fraud
book  Misrepresentation
 Land deemed registered under the Torrens  Faulty as to origin
system upon registration of OCT by Register of
Deeds (2011, 2012, 2014)
d. Attributes and limitations answers that his own COT should
Attributes (FIPAP — Frances Is Panicking About Parties) prevail
 Free from liens and encumbrances  Torrens certificate presumed valid and devoid of
 EXCEPTIONS: flaws
o Annotated
o Provided by law General incidents of unregistered land
 Expropriation  Registered owners not relieved of
o Unpaid real estate taxes  Relation of husband and wife, landlord
within 2 years preceding and tenant
acquisition of right over  Attachment or levy
land by an innocent  Lien by law
purchaser for value  Change of law on descent
o Public highway or irrigation  Partition between co-owners
canal  Eminent domain
o Agrarian reform  Recovery by assignee
 Incontrovertible and indefeasible (bankruptcy/insolvency)
 Cannot be defeated by any other  Created by law and applicable to
document unregistered land
 EXCEPTIONS
o Previous title exists Where COT was obtained by trustee
o Land not capable of  Trustee in whose name land was registered
registration cannot repudiate by relying on registration
o Fraud in acquisition
 Applies for COT, not TCT e. Splitting or consolidation of titles; subdivision and consolidation plans
 Not subject to prescription i. Must file a written request for the purpose and surrender
 Right to recover possession owner’s duplicate (2011, 2012, 2013, 2014, 2017)
imprescriptible 1. Separate certificates for one or more parcels of
o But may be defeated by land
acquisitive possession if 2. Several parcels covered by separate certificates
COT in name of mother ii. Registered owner can subdivide and consolidate
 Laches as defense
 Not subject to collateral attack f. Enlargement of area or impairment of title not allowed
 DIRECT ATTACK: object of the annul or o If the decree of registration included an area not part of the
set aside the registration proceeding land applied for it is null and void only insofar as the area not
or enjoin its enforcement (2012, 2014) included in the application. (2015, 2017)
*In 2015 and 2017: answer to the o The Torrens certificate of title once registered may not be
complaint prays for the cancellation of altered, revised, modified or the land area enlarged or
the plaintiff’s certificate of title and the diminished except in a direct proceeding permitted by law.
award of damages by way of (2013, 2014)
counterclaim
 No collateral attack on a title under the
Torrens system when plaintiff files a
complaint to declare nullity of
defendant’s COT and the latter
CHAPTER XI: REMEDIES
*Innocent purchaser for value – buyer is IPV if he had no actual or constructive knowledge of a defect on the title and paid the price (2011, 2012)

Motion to lift or set aside order of New trial Appeal Relief from judgment Petition for review
default
Law Rule 37, Rules of Court Allowed by PD 1529 Rule 38, Sec. 2 PD 1529, Sec. 32
Filed by Defaulted oppositor Aggrieved party Aggrieved party Aggrieved party, including person
deprived of opportunity to be heard

May be filed only by applicant or


oppositor
Filed when Before judgment Within 15 days from receipt of judgment Within 60 days of knowledge Within 1 year from entry of decree
of and 6 months from Same registration case
judgment
Grounds Fraud, accident, mistake, FAME-NA Fraud, accident, mistake, Actual extrinsic fraud committed outside
excusable negligence (FAME) 1. FAME excusable negligence (FAME) the trial, preventing the petitioner from

JUDGMENT
2. Newly discovered evidence presenting his side
HEARING

DECREE
3. Award of excessive With affidavit of merit in case

OCT
damages, or insufficiency of of extrinsic fraud
the evidence to justify the
decision or that the State deprivation of hearing
decision is against the law or prevented from appealing

Notes With valid defense Requisites for newly-discovered To CA by ordinary *Not usually advised; rarely Provided that there is no innocent
Under oath evidence appeal; then SC by granted purchaser for value
Mistake of lawyer binds the client 1. Discovered after trial petition for review
2. Not recovered earlier even Not a ground: intrinsic fraud, such as the
with exercise of diligence use of forged instruments or perjured
3. Will probably alter testimony which the aggrieved party had
judgment been able to attack or cross examine
(2011, 2012, 2014, 2015)
Action for reconveyance Action for damages Criminal action Action for compensation Cancellation suit (Quieting of Title or Quieting of title
from assurance fund Reversion)
Law PD 1529, Sec. 96; Act. 496, Sec. 102 Act 496, Sec. 116 Art. 476 of NCC
Filed by Aggrieved party, whose land was Aggrieved party Person deprived of his Aggrieved party or government Registered owner or person with
wrongly registered to another land by reason of Torrens right or interest in the property
system provided that In case of non-registrable land:
No negligence (2011, Filed by OSG for cancellation or reversion to
2012, 2014) State
He is barred from
recovering land
Filed Before issuance of decree, within or Within 1 year from Within 6 years from Imprescriptible when the plaintiff is
when after one year from entry decree and no issuance of COT in possession, even if he is not the
(with another court) reconveyance possible registered owner (2011, 2012)
due to innocent
purchaser for value If not in possession, within 10 years
from loss of possession
Grounds FIEV Against person Against person who Against person
1. Fraud (file within 4 years responsible for fraud obtained responsible.
of discovery or OCT within 4 years from registration through If insolvent: national
issuance) discovery of fraud perjury treasury
2. Implied or constructive
trust through mistake or *ROD
fraud (file within 10 years  R
from OCT/TCT; O
1 year

imprescriptible if by D
registered owner or his
children, coheir, or
plaintiff in possession)
3. Express trust
(imprescriptible)
4. Void contract
(imprescriptible)

Notes Provided that there is no innocent Compensation: value of In case of double title: Ordinary civil case to remove cloud
purchaser for value land at time of loss Earlier title prevails, unless procured by fraud on title to real property or interest
or jurisdictionally flawed (2011, 2012, 2014, therein by reason of any contract,
Seeks to transfer the certificate of 2015, 2017) record, claim, encumbrance or
title to the land from defendant to Later title is void even if innocent purchaser proceedings that is void, voidable,
plaintiff (2011, 2012, 2013, 2014, for value derives title therefrom or invalid
2015, 2017) Ownership passes to the vendee who bought
the land unaware of the previous sale and Proper if contract or instrument in
was first to register his later purchase in good question had already been
faith (2011, 2012) extinguished (2013, 2017)
*in 2014, 2015: Contract or
instrument had already been
Voiding or cancellation of OCT does not extinguished or terminated but
affect derivative TCTs if their holders are not appear to be effective still
given opportunity to be heard and defend
their title
CHAPTER XII: LAND PATENTS o Up to 5 hectares – PENTRO
o More than 5 hectares to 10 hectares – Regional Director of
Public land patents DENR
- Registration required o More than 10 hectares – DENR Secretary
- Duty of official issuing the instrument of alienation, grant, patent, or
conveyance in government’s behalf
o File instrument with RoD of province or city of land b. Free patent
o Register instrument like other deeds and conveyance — COT - Agricultural land through administrative confirmation of imperfect and
entered and owner’s duplicate issued to grantee incomplete title
- Deed, grant, patent, instrument of conveyance operate only as - Classified as alienable and disposable are subject for disposition under
o Contract between government and grantee Free Patent
o Evidence of RoD to make registration o Qualified to apply
 Natural-born citizen
Kinds of public land patents  Not owner of more than 12 hectares
a. Homestead patent  Continuously occupied and cultivated, either by
- Agricultural purposes conditioned on actual cultivation and residence himself or through his predecessors-in-interest for
- Qualified to apply at least 30 years prior to the effectivity of RA 6940
o Citizens tract/s of agricultural public lands subject to
o Over 18 years old or head of the family (married women also) disposition
o Not the owner of more than 12 hectares (Consti)  Paid real taxes while land has not been occupied
o Resided continuously for at least 1 year in the municipality by any person
where land is situated o Filing
o Cultivated at least 1/5 of the land applied for  Period ends on 31 December 2000
- Legal requirements  Filing and processing of application and issuance
o Application fee (Php 50) of free patent constitute administrative mode of
o Entry fee (Php 5) confirming an imperfect title
o Final fee (Php 5)  Judicial mode under Sec. 48(b) of Public Land Act
o Approved plan and technical description o Steps
o Actual occupation and residence (1) Filing of application
- Steps (2) Investigation
(1) Filing of application (3) Posting – 2 consecutive weeks in the provincial capitol
(2) Preliminary investigation or municipal building and barangay hall
(3) Approval (4) Order of approval of application and issuance of patent
(4) Filing of final proof (5) Preparation of patent in Judicial Form 54 and 54-D and
a. Notice of intention to make Final Proof, posted for the technical description transcribed at the back
30 days (6) Transmittal of the Free Patent to the Register of Deeds
b. Testimony of homesteader corroborated by 2 concerned for the issuance of the corresponding OCT
witnesses mentioned in the notice o Signing and approving authority for both homestead and free
i. Final Proof filed not earlier than 1 year patent
after approval of final application but  Up to 5 hectares – PENTRO
within 5 years  More than 5 hectares to 10 hectares – Regional
(5) Confirmatory final investigation Director of DENR
(6) Order of issuance of patent  More than 10 hectares – DENR Secretary
(7) Preparation of patent using Judicial Form No. 67 and 67-D - Presently, there is free patent for residential lands (RA 10023)
and technical description inscribed at the back o Pertains to public alienable and disposable land zoned as
(8) Transmittal of homestead patent to RoD residential by LGU and not needed for public use or public
- Signing and approving authority for both homestead and free patent service
o Qualified
 Filipino citizens with continuous possession and d. Special patents
occupation under a bona fide claim of ownership - When special patents may be granted to non-Christian Filipinos
for at least 10 years o Secretary of Local Government certifies that the majority of
 Dual citizenship considered non-Christian inhabitants of any given reservation have
 Residing abroad, considered an actual occupant advanced sufficiently in civilization
o Maximum areas o President may order that the lands of public domain within
 Highly urbanized cities – 200 sqm such reservation be granted under the general provisions of
 Other cities – 500 sqm PLA to said inhabitants
 First and second class municipalities – 750 sqm - RA 926
 Other municipalities – 1000 sqm o Authorizes the Philippine president to convey public land and
o Application filed with CENTRO to be approved by PENRO other property in payment of landed estates acquired by the
o No prohibition period against alienation or encumbrance Government
o Voluntary agreement or expropriation proceedings
c. Sales Patent o Written consent from owner of land
- Land sold at public auction, awarded to highest bidder o Serve as total or partial payment of such compensation
o Agricultural land o In effecting such exchange involving public agricultural land,
o Agricultural lands suitable for residential, commercial, or assessed value not taken into consideration
industrial purposes o OCT is concrete and conclusive evidence of an indefeasible
o Lands sold at public auction title
- Who may purchase
o Filipino citizen Effects of registration
o Lawful age or head of family - Conveyance only effective upon registration
o Highest bidder if at public auction o Mandatory to affect third parties
 At least 1/5 of the land broken and cultivated o Not indefeasible if not registered
within 5 years from date of the award - Patent becomes indefeasible as a torrens title when registered
 Full payment of purchase price o For sales patent, public character of land not divested by
- Not qualified sales patent until registration
o Private corporations - OCT for public land
o Associations o Becomes indefeasible and incontrovertible after 1 year from
- RA 730 issuance
o Permits sale without public auction of public lands for o Land may not be subject matter of cadastral proceedings
residential purposes o Can’t be decreed to another
o Purchaser qualifies (FLORC)
 Filipino citizen Restrictions on alienation of lands
 Legal age - Land covered by a patent cannot be sold or conveyed within the
 Not owner of a home lot in the municipality in prohibited period except to the State. (2011, 2012, 2014, 2017)
which he resides *land covered by free patent cannot be conveyed within the prohibited
 Good faith established residence on a parcel of period, except to spouse and/or children of patentee/grantee (2015)
land of public domain - Sec. 118, PLA
 Not needed for public service o Prohibits alienation/encumbrance under free patent or
 At most 1 sq. km. homestead patent for 5 years from and after issuance
 Price fixed by Director of Lands with o Proscribes alienation, transfer, conveyance under free patent
approval of secretary of Agricultural or homestead patent after five years and before 25 years
and Natural Resources without approval of DENR secretary
 Occupant constructed his house on the lot and o Prohibits taking of properties for satisfaction of debts before
actually resided therein expiration of period
- Sec. 119, PLA
o Right of repurchase (including by widow or legal heirs) within Emancipation patents
45 years from date of conveyance - PD 27
o The patentee was in dire financial need sold the land within - Tenants-farmers of private agricultural lands primarily devoted to rice
the prohibited period to his friend who wanted to help. He and corn shall be deemed owner of a portion constituting a family-size
died shortly after and his family executed a confirmatory sale farm of 5 hectares and 3 hectares
in favor of the friend 5 years later. The legal effect is the - Not transferrable except by hereditary succession or government
family is not affected by pari delicto and can still exercise the
right of repurchase. (2011, 2012, 2013, 2015, 2017) CHAPTER XIII: RECONSTITUTION OF TITLE
 Sale by the patentee has not been ratified by the
confirmatory sale and is still null and void Reconstitution of lost copies
 If family does not exercise right to repurchase, - Purpose: to have it reproduced in the same form they were when the
State may file action of reversion loss occurred
o Can be exercised even without stipulation in deed of sale - Applicant must prove not only title that he was registered owner at the
o Five year period time of loss
 From date of execution of deed of sale, even if - If it goes beyond reconstruction and becomes alteration  document
payment not fully made; unless contrary null and void
stipulated - An owner’s duplicate of title was not lost but only partly destroyed when
 Cannot be restricted by Court Order the third page thereof listing the liens and encumbrances was burned —
 If mortgaged land granted under homestead or person interested in a lien or encumbrance may ask for reconstitution of
free patent sold as extrajudicial foreclosure — destroyed portion (2017, 2014)
period runs from day after expiration of 1-year
period for repurchase Judicial
Sources for judicial reconstitution
Other restrictions (1) OCT
(1) To non-Christian tribes, need to be able to read and understand language of deed a. Owner’s duplicate
or instrument (Sec. 120) b. Co-owner’s, mortgagee’s, lessee’s duplicate
(2) Conveyances and encumbrances by illiterate non-Christians need approval by o Requires publication in official gazette and posting/notice (
Commissioner of Mindanao and Sulu (Sec. 120) no need for notice to occupants of adjacent land)
(3) Private corporation, association, or partnership allowed to lease lands covered by c. Certified copy of such certificate previously issued by RoD or by legal
free, homestead, sales patent custodian
a. Commercial, industrial, educational, religious, charitable purposes, or d. Authenticated copy of decree or patent which was basis of certificate
right of way e. Encumbrances containing description of property
b. With consent of parties f. Any other document
c. Approval of DENR Secretary o Requires publication in official gazette, posting, and notice
(4) Restricts disposal of lands originally acquired in any manner under PLA to those who (and to occupants of adjacent land)
are qualified to acquire lands in the public domain
(2) TCT
Effects of violations a. Same sources except D
- Contracts unlawful, null, void b. Deed of transfer containing description of property
- Cancels grant, title, or permit
- Reversion to State (3) Rule on availment of any other document deemed sufficient

Actions against improper, illegal issuance of patents and their corresponding CTs
(1) Reversion Posting and publication
(2) Cancellation - Publication and notice requirements
(3) Reconveyance o 30 days before date of hearing
o Notice in 2 successive issues of OG Voluntary
o Notice on main entrances of provincial building and A. Formal and procedural requisites
municipal hall a. Form sufficient in law
- When the original of the COT in the RoD is lost or missing, judicial b. Instruments or deeds with copies presented to RoD
reconstitution requires posting of notices and publication in the Official c. Owner’s presented
Gazette (2011, 2012, 2014) d. Payment of fees
B. Deeds of sale
- Service of notice of initial hearing need not be made on the occupant by a. Registration when deed covers entire titled property; when only portion
tolerance conveyed
i. If deed of conveyance for only part, RoD shall not enter any
transfer certificate to grantee until a plan of such land
Administrative showing all the portions or lots into which it has been
Requisites (SFA-10-100) subdivided and corresponding technical descriptions verified
(1) Substantial loss or destruction and approved
(2) Due to fire, flood, or force majeure b. Effects of registration
(3) As determined by administrator of LRA c. Rule that buyer is not required to go beyond the COT; purchaser in good
(4) Number damage should be at least 10% of the total number in the possession of faith
the Register of Deeds i. *Buyer in good faith – one who purchases the land having no
(5) No less than 500 certificates actual or constructive knowledge of facts or circumstances
that would compel a prudent man to make inquiry (2013,
Sources 2014)
(1) Owner’s duplicate of the certificate d. Exceptions to buyer in good faith
(2) Co-owner’s, mortgagee’s or lessee’s duplicate of said certificate i. Neglect to make inquiries
ii. Sufficiently strong indication to compel closer inquiry
Affidavit by registered owner iii. Land sold in possession of another
(1) No deed affecting property has been presented iv. Buys from someone whose rights are just annotated on COT
(2) Duplicate certificate is in due form without alterations v. COT contains notice of lis pendens
(3) COT not subject of litigation or investigation vi. Full knowledge of flaws and defects in title of vendors
(4) COT was in full force and effect at the time it was lost vii. Banks
(5) Certificate covered by declaration regularly issued by Assessor’s office viii. Title of land reconstituted
(6) Real estate taxes have been fully paid up to 2 years prior to the filing of the petition e. Double sale
i. The owner sold his registered land to a first buyer who then
New procedural rules in Manila registered the sale under Act 3344 (the law for transactions
(1) One petition for one lost title involving untitled land) and then sold the same to a second
(2) No direct filing of petition for reconstitution with RTC-OCC Manila buyer who registered the sale under PD 1529. The rightful
(3) Serve a copy of petition with Registry of Deeds concerned owner now is the second buyer provided he was unaware of
(4) Submit petition to Office of Clerk of Court at LRA for review by examiner the first sale and registered in good faith. (2011, 2012, 2013,
(5) Bring original or certified copies of updated tax declaration and real estate 2014, 2015, 2017)
payments to be attached f. Forged document
(6) Original copy of owner’s duplicate of title for comparison with photocopy attached i. General rule: forged deed is absolute nullity and conveys not
title
CHAPTER XIV: SUBSEQUENT REGISTRATION ii. Exception: if certificate of title has been transferred to the
forger and later on to an IPV (2011, 2012, 2014, 2015, 2017)
Scope C. Mortgages and leases
(1) Voluntary – sales, conveyances, etc D. Powers of attorneys
(2) Involuntary – writ, instruments not willful or without consent, lis pendens a. Registration of power of attorney
i. The representative/agent of the registered owner who is f. Period of effectivity
abroad has an SPA form the latter to sell the land. For your i. 30 days from date of registration
protection, you should require the registration of the SPA Cancellation
and the annotation thereof on the certificate of title. (2011, 1. After lapse of 30 days — filing by party in interest;
2013, 2014, 2017) no second adverse claim on same ground by same
b. Elements of express trust claimant
c. Implied trust 2. Before lapse of 30 days — sworn petition
E. Tax-Free exchange of land for shares of stock withdrawing claim
3. Before lapse of 30 days — party in interest files
Involuntary for cancellation and after notice and hearing, RTC
- The date and time of the registration of an involuntary instrument shall finds that claim is invalid. If frivolous, claimant
be when the instrument is entered in the primary entry book and the penalized
registration fee is paid (2011, 2013, 2014) g. Your client bought a registered land but before he could register the sale
with the Register of Deeds, a third party has filed and registered an
A. Attachments adverse claim. As the lawyer, you should advise your client to file a
a. Registration petition for the lifting of the adverse claim and after a favorable
b. Effects judgment, register the sale. (2012, 2013, 2014, 2015, 2017)
B. Sale on Execution or for taxes or any assessment D. Notice of lis pendens
C. Adverse claim a. Nature and purpose of the notice
a. Claim or interest may be registered as adverse claim when b. Cases when proper
i. Claimant’s right or interest in registered land is adversed to i. Recover possession of real estate
the regisetered owner ii. Quiet title
ii. Such right or interest arose subsequent to the date of original iii. Remove clouds
registration iv. Partiion
iii. No other provision is made in the Decree for the registration v. To establish a right, equitable estate, or interest in a specific
of such right or claim real property
b. Money claim cannot be regisetered vi. Enforce a lien, a charge, or encumbrance against it
c. Formal requisites vii. Any other proceeding of any kind in court directly affecting
i. Adverse claimant must state in writing title to the land or use or occupation thereof or the building
1. Alleged right or interest thereon
2. How and under whom such alleged right or c. A plaintiff’s notice of lis pendens may be annotated on the defendant’s
interest is acquired certificate of title provided the case involves interest in the title or
3. Description of the land in which the right or possession or use of the land. (2011, 2012, 2014, 2017)
interest claimed
4. Certificate of title number
ii. Such statement signed and sworn to before a notary public
or other officer authorized to administer oath
iii. Claimant shall state his residence or place to which all notices
may be served upon him
d. Purpose: to apprise third persons
e. Samples
i. Registrable adverse claim: voluntary instrument such as sale
and lease when owner refuses to surrender duplicate for
annotation
ii. Annotated as adverse claim after termination of litigation
involving land: lawyer’s contingent fee after original
registration
CHAPTER XV: REGISTRATION OF COURT JUDGMENTS AND ORDERS AND RELATED PROCESSES OR
PAPERS
A. Judgment or order in actions involving ownership or affecting real estate
a. Entitled to registration
b. Memorandum to contain description of land affected by judgment if
judgment does not apply to all lands
c. When for recovering ownership – issuance of a new certificate; OCT and
owner’s duplicate to be canceled
d. Surrender of owner’s duplicate certificate not necessary
i. RoD need not wait for registered owner to surrender
duplicate before complying with execution of final judgment
B. Judgment in partition
a. Court options
i. Assign a particular portion of the land to each party
ii. Order sale
iii. Assign entire land to one party upon payment of the others
C. Notice and adjudication in insolvency or bankruptcy proceedings
D. Judgment in eminent domain
E. Extrajudicial settlement of estate
F. Judgment, order, and other papers related to registered land or estate of a
deceased owner

CHAPTER XVI: RECORDING OF INSTRUMENTS RELATING TO UNREGISTERED LAND; CHATTEL


MORTGAGE CONDOMINIUM
A. Instruments involving unregistered land
B. Chattel mortgage
C. Condominium
a. Registration
i. Makes property divided into condominiums
ii. Declarations to such project annotated upon COT and
constitutes lien
iii. Transferee entitled to issuance of a condominium owner’s
copy

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